Criminal Law

You, the Police and the Courts

Do I have to TALK to the police?
Can the Police SEARCH me?
When Should I participate in a POLICE INTERVIEW?
How long can I be DETAINED without charge?
Should I get a LAWYER?
I was issued with a NOTICE TO APPEAR?
What to expect at your Court APPEARANCE?
What is an INDICTABLE OFFENCE?
PRO´S AND CON´S of Legal Representation?
Choosing the correct Lawyer for YOU
Can TayLAW help you?

Do I have to TALK to the police?
If the Police suspect that you have broken the law, they are entitled to ask you for your name and address to identify you. If you DO NOT provide these details you have committed an offence. In most circumstances you are not required to give further information to the Police, if you do, it is important to remember that they can and more than likely WILL use it against you in Court. The Police will often record their conversations with you on the initial contact.

There are situations where you might need to give more information than just your name and address. If you are being questioned further by the Police and you do not know what to do, or whether you should or should not say anything, ask to speak to your Lawyer first, or make arrangements for your Lawyer to be present during any questioning, even if the questions being asked seem innocent and not incriminating. If you do not have a Lawyer, the Police can provide one.

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Can the Police SEARCH me?
Yes, the Police can search you, but they do not have an automatic right to. Without a search warrant the Police are able to search you if they reasonably hold suspicions of any prescribed circumstances (s28 Criminal Code (Qld)). A Police officer may do the following on the grounds of suspicion:

• Stop and detain you; and
• Search you and anything in your possession or anything relevant to the circumstances.

The Police Officer may also seize any items that may serve as evidence to the offence they are alleging you have committed or seize items that they consider may be used to hurt either yourself or someone else.

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When Should I participate in a POLICE INTERVIEW?
If the Police are about to or have already charged you with a criminal offence they will typically ask that you partake in a record of interview. They may advise you that if you participate in that interview they will release you. Do not be persuaded by this advice. We strongly advise that you seek legal advice before participating in any interview with the Police.

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How long can I be DETAINED without charge?
If the police are investigating more serious offences (indictable offences) they can hold you for questioning and investigation of the offence for up to 8 hours. In this time you are entitled to contact a friend, family member or legal representative.

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Should I get a LAWYER?
If you are charged with a serious criminal offence then you should most definitely engage a Lawyer. You should not take advice from a Police Officer about the legal process or the penalty you are likely to incur. The Police may advise you that the offence you are being charged with isn´t serious enough for you to engage a Lawyer, however it is strongly advised for you to get independent advice on the seriousness of the charge. Even where matters may seem minor in nature, for example drink driving offences or trespass etc.

You may be issued with a Notice to Appear. If you are, you should seriously consider obtaining representation as there are pitfalls for inexperienced persons appearing on their own behalf in Court. We will address the Pro´s and Con's of engaging a Lawyer to act on your behalf below.

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I was issued with a NOTICE TO APPEAR?
If you have been issued with a Notice to Appear, this means that on the date provided in the notice you must present yourself before a Magistrate at the nominated Court House. There is generally a "Duty Lawyer" there to give you guidance and answer any questions if you have not engaged your own Private Lawyer. The Duty Lawyer will advise you on what to expect.

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What to expect at your Court APPEARANCE?
If your offence is a minor one and you intend to plead Guilty, then you may have your matter heard and finalised at the first appearance. However if your matter is of a more serious nature or if you want to plead Not Guilty, then you can seek to have the matter adjourned to a later date. This will give you time to prepare a defence or engage a Lawyer for the next appearance. Quite often if it is your first offence the Magistrate appreciates the matter being dealt with quickly.

If you have engaged legal representation, they will meet you at the court and will arrange with the Prosecutor for your matter to be heard. Your Lawyer will speak on your behalf and will let the court know of your instructions, whether it be to plead Guilty or Not Guilty.

If you are representing yourself, you will need to speak to the Prosecutor yourself, or on occasion there will be someone at the court who will let you know who you are to speak to, quite often you may just have to wait in the court waiting area for your name to be called then enter the court room and approach the defence table. You will then need to let the Magistrate know what it is you want to do with your matter, whether that be, plead and receive a sentence or adjourn for a later date. You can only do this if you can justify the adjournment to the Magistrate. A first adjournment will usually be granted. It is strongly advised that you come to the second mention/court appearance prepared.

See "Pro´s and Con's of Legal Representation" for further guidance on what you should know regarding a Court Appearance.

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What is an INDICTABLE OFFENCE?
Indictable Offences are also referred to as "serious offences". An indictable offence is an offence where the possible penalty given is time in jail. Indictable offences include murder, manslaughter, break and enter, drug offences, sexual offences, assault, kidnapping, burglary and fraud just to name a few.

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PRO´S AND CON´S of Legal Representation?
If you have been charged with a traffic or criminal matter you need to make the decision as to whether or not to engage a Lawyer. In the legal system there are a lot of Pro´s to engaging Legal representation and very few Con´s.

Some of those Pro´s are as follows;

• Stress
  Many people discover that when they have to appear in front of any body of authority, they can find themselves somewhat intimidated, nervous or stressed.
  
  An experienced Lawyer will take a lot of those feelings away. Your Lawyer will speak on your behalf and will arrange pre court matters with the Prosecution. A Lawyer will guide you though the procedures so you know what and when you need to do anything.
  
  
• The Law
  The Law can be very complex and confusing. There may be aspects of an offence that you would not think to consider, for example, with a break and enter charge, once you give all the facts to your Lawyer, they may determine that you have been charged with the wrong offence and you should be charged with a far less serious crime such as trespass. Lawyers should be well versed on the Law and should know what elements of an offence need to be satisfied in order to establish that there was in fact a crime committed.
  
  There is a greater chance of a charge being dropped when you have a Lawyer who can build a defence to the charge or even merely point out to the prosecution that the elements of the offence have not been met. On occasion this can be done prior to an appearance. Your Lawyer will have an opportunity to persuade the prosecutor to drop the charges through submissions to the Police. This can only be done if you are aware of your defences and the elements of the crime.
  
  
• Reduce your Penalty
  If you plead guilty to an offence you will be sentenced by the court. A sentence may involve a fine, community service or on more serious charges, jail time. An experienced Lawyer will know what to say to the court to reduce a sentence, or in the case of fines and community service, your Lawyer will know what to say so that you have no conviction recorded. Quite often a person charged with an offence will not be aware that they are entitled to ask that no conviction be recorded or even that they can suggest a penalty.
  
  Once you engage a Lawyer, the courts will recognise that you have taken the matter seriously and you are treating the court's process and time with due respect.

Some of the Con´s are as follows;

• Costs
  The most significant disadvantage people assume with engaging a Lawyer are the costs involved. However, having a sentence reduced, allowing you to keep your licence, having no conviction recorded against you or having the matter dismissed all together could be viewed as priceless.
  
  Quiet often people are very apprehensive about seeking legal advice based on the associated costs. At TayLAW Solicitors we have a fixed price for Court appearances on your behalf. For other more complex matters we provide a reasonable cost estimate. Which will explain what work will need to be done and the costs involved.

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Choosing the correct Lawyer for YOU
It is imperative that you choose the right Lawyer for your matter. At TayLAW Solicitors we offer you the opportunity to have a no obligation chat to one of our experienced criminal Lawyers.

If you would like to talk to one of our traffic or criminal Lawyers please call TayLAW Solicitors on (07) 5499 0588 or alternatively, you can send an email.

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Can TAYLAW Solicitors help you?
We hope to have provided you with enough information for you to make an informed decision as to whether or not it is a good idea to engage legal representation. We are experienced enough to help you with your criminal matters. We can also assist you with the following criminal matters:

• Assaults
• Domestic Violence
• Drugs
• Public Nuisance/Resisting Arrest
• Sexual Offences
• Wilful Damage

It is imperative that you choose the right Lawyer for your matter. At TayLAW Solicitors we offer you the opportunity to have a no obligation chat to one of our experienced Criminal Lawyers.

If you would like to talk to one of our Criminal Lawyers please call TayLAW Solicitors on (07) 5499 0588 or alternatively, you can send an email.

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